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1982 - May DOT Ord. & Dec. [1] (May, 1982)

handle is hein.usfed/dotod0556 and id is 1 raw text is: 





                                                              Order 82-5-1
                       UNITED STATESOF AMERICA
                       CIVIL AERONAUTICS BOARD
                          WASHINGTON, D. C.

                   Issued Under Delegated Authority
                             May 3, 1982




EOA FITNESS INVESTIGATION                        Docket 40507



            ORDER GRANTING MOTION TO WITHDRAW APPLICATION

    On March 5, 1982, EOA, Inc., a newly organized nonoperating air
carrier, filed an application in this docket, under the expedited
licensing procedures of Subpart Q, for the issuance of a certificate
of public convenience and necessity, pursuant to section 401 of the
Act, to engage in scheduled air transportation of persons, property
and mail in various domestic markets. The Board instituted this
fitness investigation in Order 82-4-35. The case was assigned to the
undersigned judge by notice dated April 12, 1982, and a prehearing
conference was scheduled for April 30, 1982.

    By letter to the undersigned, dated April 27, 1982, the applicant
requests to withdraw its application without prejudice. The applicant
states that certain circumstances have necessitated the applicant's
reorganization. The applicant is, therefore, unable to proceed at
this time although it states that it intends to ref ile its application
at a later date. The Bureau of Domestic Aviation has informed the
undersigned that it has no objection to EOA's request.

    Accordingly, pursuant to authority contained in 14 CFR 385.11(b),
the request of EOA, Inc., to withdraw its application without
prejudice in Docket 40507 is granted.

    Persons entitled to petition the Board for review of this order
pursuant to the Board's Regulations, 14 CFR 385.50, may file such
petitions within ten days after the date of service of this order.

    This order shall be effective and become the action of the Civil
Aeronautics Board upon expiration of the above period unless before
that date a petition for review thereof is filed or the Board gives
notice that it will review this order on its own motion.




By John M. Vittone
Administrative Law Judge
                                       PHYLLIS T. KAYLOR
                                           Secretary


(SEAL)

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